Stallcup v. Cronley's Trustee
Court of Appeals of Kentucky
Case 63 — Action by Sarah B. Cronley’s Trustee and Others against Mary P. Stallcup and Others for Partition. APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. PROPOSITIONS DISCUSSED AND AUTHORITIES CITED. 1. The d-eed from Mary P. Shelby to Edward Cronley, trustee, was not valid as an executed assignment. 2 Black.
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Case 63 — Action by Sarah B. Cronley’s Trustee and Others against Mary P. Stallcup and Others for Partition. APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. PROPOSITIONS DISCUSSED AND AUTHORITIES CITED. 1. The d-eed from Mary P. Shelby to Edward Cronley, trustee, was not valid as an executed assignment. 2 Black. Com., 173; 4 Kent’s Com., 264-9; 2 Washburn Real Property, -secs. 173-3-1760; 2 Minor’s Inst., 430, 437, et seq.; Fearne Rem., 386, &c.; Bristol v. Atwater, 50 Conn., 402; Putnam v. Story, 132 Mass., 212. 2. The rules governing the creation and…
1Opinion of the Court
Opinion op the court by
JUDGE O’REAR
Reversing.
The will of Joseph Bruen, probated in Fayette county, this State, in 1848 gave his estate to his three daughters (after provision for his wife). He gave to each daughter her portion, to her sole and separate use during her life; and after her death to her surviving children in fee simple; but that, if any daughter died without issue, her por*550tion was then to go to her surviving sisters, if living, but, if dead to their issue. The children of his children were expressly made the representatives per stirpes of their parents in taking the estate in the…
2Cases cited2 opinions
- Williamson v. YagerCourt of Appeals of Kentucky · 1891
- Grayson v. Tyler's adm'xCourt of Appeals of Kentucky · 1882
3Cited by6 opinions
- Elsea v. SmithSupreme Court of Missouri · 1918
- Dean v. CrewsSupreme Court of Florida · 1919
- Sherley v. SherleyCourt of Appeals of Kentucky · 1921
- State ex rel. Farley v. WelchMissouri Court of Appeals · 1914
- Kimbler's Adm'r v. SanfordCourt of Appeals of Kentucky (pre-1976) · 1949
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